POWELKA'S APPEAL.

Dominion, Volume 3, Issue 860, 5 July 1910, Page 4

POWELKA'S APPEAL.

WILL HK APPEAR IN COURT? Tlio possibility of Powelka. again appearing bet'oru tho public gaze, arguing tho point of law raised at his trial in Palincrston North, lent special interest to I lie proceedings in tho-Court of Appeal yesterday. I'owelka's name was mentioned when the desiro of another prisoner to conduct his own appeal was mentioned by his Honour lli\ Justice lid wards. -Mr. J. W. Salmond, Solicitor-General, remarked that there wore live Crown cases reserved, for the hearing of which he desired to make 'arrangements. Air. Justice Edwards, referred to one of those cases, that of his Majesty tho King v. John Majoribanks Stoule, which had been tried before hinl. Tho man had written from prison to the Minister for Justice asking to bo allowed to personally conduct his appeal oil the point whether he could rightly bo declared a habitual criminal, 110 wanted a holiday, of course. His Honour hud been communicated with on.i the subject and had drawn tho attention of the Minister for Justice to tho case of the King v. Allandale and Deiiuett. The Chief Justice: I remember the case. Tho two men were brought up from Christchurch in June, 1005, and appeared hero in custody. Allandale argued his own case. I think this man Steele ought to be here. I do not think that the Court' ought to Bit without hearing what he has to say. The Court may think that there is nothing in his point, but still I think he should be brought down. Mr. Salmond: The same point arises in I'owelka's case also. Mr. Justice Cooper: Not quite the same. Mr. Justice Williams: Unless a man asks to come down and argue tho case personally, there is no need to have him here. If he says: "I.wish to argue the case," I think we ought to hear him. Mr.' Salmond: The. matter might be provisionally argued to see whether there is any douiit about it. The Chief Justice: No; in my view tho man ought to bo here, if he asks to bo heard. Mr. Salmond: Will the Court gTant an order then that he (Steele) be brought down ? The Chief Justice: The Court can issue a habeas. The Court finally decided that Steeto should be allowed to attend and address the Court, and the case was fixed provisionally for Tuesday, July 12. Powelka's rase was fixed for hearing on the same day...